Number
020935
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. HENNINGSEN
Title
A substitute ordinance relating to conveyance of surplus real property to designated entities.
Sections
304-49-17 cr
Analysis
This ordinance:
1. Adopts ss. 62.22(1) and 62.23(17), Wis. Stats., pursuant to the common council's authority under s. 62.03(2), Wis. Stats.
2. Clarifies and broadens the city's ability to convey surplus city real property to designated entities for adequate fair market monetary or non-monetary consideration.
3. Brings the city's power to convey surplus city real property into line with other municipalities (Herman v. City of Lake Mills, 275 Wis. 537(1957).
4. Allows the city to directly convey to designated entities without the need for competitive bids in instances where other current direct or indirect methods of conveyance may not be available or appropriate.
BODY:
The Mayor and Common Council of the City of Milwaukee do
ordain as follows:
Part 1. Section 304-49-17 is created to read:
304-49. Disposal of City Real Estate Property.
17. CONVEYANCE OF PROPERTY TO DESIGNATED ENTITIES. The city of Milwaukee adopts ss. 62.22(1) and 62.23(17), Wis. Stats., pursuant to the common council's authority under s. 62.03(2), Wis. Stats. Pursuant to these provisions and the provisions of s. 62.11(5), Wis. Stats., and the provisions of
s. 4-10 of the city charter, and notwithstanding the provisions of subs. 1 to 16 and s. 308-23, whenever the common council determines that city-owned real estate, acquired by any means, is surplus to the needs of any city department, board or commission, the common council may, by duly adopted resolution, direct the appropriate city officers to convey such property, by lease, deed or other appropriate form of conveyance, to a designated entity for adequate fair market consideration which may be monetary or non-monetary in form.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
ATTORNEY
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
ZDPT:
City Attorney
Drafter:
City Atty.
PBM:dms
10/10/2002
58703
LRB02519-2
TWM/cac
10/16/2002